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Armed Forces Discipline Act 2000
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- 2000 c. 4
- Summary appeal courts
- Section 19
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- Act repealed by 2006 c. 52 Sch. 17
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 31(2) repealed by 2008 c. 1 (N.I.) Sch. 6 Pt. 4
- s. 33(3) repealed by 2008 c. 1 (N.I.) Sch. 6 Pt. 4
- Sch. 5 para. 2(2) repealed by 2008 c. 1 (N.I.) Sch. 6 Pt. 6
- Sch. 5 para. 3 repealed by 2008 c. 1 (N.I.) Sch. 6 Pt. 6
- Sch. 6 para. 4(b) repealed by 2004 c. 3 Sch. 2 Pt. 1
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- S.I. 2004/1943 art. 2-6 commences (2004 c. 3)
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- S.I. 2009/1167 art. 3 4 commences (2006 c. 52)
19 Hearing of appeals.E+W+S+N.I.
This section has no associated Explanatory Notes
(1)After section 83ZE of each of the 1955 Acts there is inserted—
“83ZF Hearing of appeals.
(1)An appeal under section 83ZE of this Act against a finding shall be by way of a rehearing of the charge.
(2)An appeal under section 83ZE of this Act which relates only to the punishment awarded shall be by way of a rehearing in relation to the award of punishment.
(3)Except in such cases as may be prescribed by rules under section 83ZJ of this Act, appeals shall be heard in open court.
(4)Proceedings of the summary appeal court shall be conducted in accordance with the law of England and Wales.
(5)Rulings and directions on questions of law (including questions of procedure and practice) shall be given by the judge advocate.
(6)Any directions given by the judge advocate shall be binding on the court.”
(2)After section 52FK of the 1957 Act there is inserted—
“52FL Hearing of appeals.
(1)An appeal under section 52FK of this Act against a finding shall be by way of a rehearing of the charge.
(2)An appeal under section 52FK of this Act which relates only to the punishment awarded shall be by way of a rehearing in relation to the award of punishment.
(3)Except in such cases as may be prescribed by rules under section 52FP of this Act, appeals shall be heard in open court.
(4)Proceedings of the summary appeal court shall be conducted in accordance with the law of England and Wales.
(5)Rulings and directions on questions of law (including questions of procedure and practice) shall be given by the judge advocate.
(6)Any directions given by the judge advocate shall be binding on the court.”
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